A man in Hopatcong is facing serious charges following an accident police believe was caused by intoxication on his part. The 27-year-old New Jersey resident is suspected of having ingested medication of some type, though police say they have yet to determine whether the medication was prescribed to him. He is facing a DUI charge, but no court date has been announced at this time.
According to the accident report, police pulled the man over around 8:30 p.m. the night of Aug. 9 for driving with a cracked windshield. While the man did not smell of alcohol, police claim he was behaving erratically in a manner consistent with intoxication. Police conducted field sobriety testing, which the man is said to have failed. He was subsequently arrested and subjected to an exam by a police drug recognition expert.
The man was later released into the care of a family member. Police do not believe the man was intoxicated with alcohol. The accident report did not mention whether further analysis, such as a blood test, was administered to determine the cause of his alleged intoxication.
In situations where a DUI charge is filed against someone based upon ingesting medication, the type of medication involved may play an important role in the adjudication of the charges. In the first instance, the burden of proof is wholly upon New Jersey prosecutors to establish each and every element of the formal accusations by evidence that is found to be beyond a reasonable doubt. A defense attorney will likely be a valuable resource as this man confronts the allegations and prepares to defend himself in court.
Source: newjerseyherald.com, " Hopatcong man faces DWI charges possibly related to medication", Aug. 16, 2017